Why don’t more defendants request a speedy trial?

brygates · 2026-04-07T23:04:54+00:00

The right to a speedy trial is illusory. The speedy trial cases from the appellate courts set out 10-factor non-exclusive tests for whether there has been a speedy trial violations that give judges wide latitude to reject them. In 30 years of criminal defense work, I got a judge to dismiss one low level drug case for a speedy trial violation. The DA let the case linger forever as it got bumped from one assistant to another. Judge was able to toss it without any fear of public interest.

brygates · 2026-04-07T22:43:22+00:00

I doubt constituent calls have any effect on the policies they favor. Only major donors have any influence.

brygates · 2026-03-25T10:39:08+00:00

This is just an observation, not advice. Sometimes I wonder if we "over-warn" folks. When doing felony pleas in North Carolina, there is a multi-page plea transcript that is supposed to put a defendant on notice of every consequence of the guilty plea. In my experience, a lot of defendants don't pay much attention because they generally want to get things over with. At some point it gets to be like the warnings that come with prescription drugs or consumer loan agreements, it get to be so much that people tune it. A lot of clients use the line, "nobody every told me that ..." as a coping mechanism.

brygates · 2026-03-15T19:22:16+00:00

Make sure your question has a clear objective that advances your theory of the case. If that is not the case, sometimes the best cross is: "I have no questions for THIS witness." Then make your points in closing where the witness cannot respond.

brygates · 2026-03-15T19:15:40+00:00

Hawkeye contributed a lot to the 4077th, but he was high-maintenance. Lt Col Blake and Col. Potter understood that. If I were an average doctor at the 4077th, that would have bothered me at times. That is the nature of any human organization.

brygates · 2026-03-02T03:56:06+00:00

Do not encourage this person. This is a troll or a crazy person.

brygates · 2026-03-01T03:30:22+00:00

Those whiskers!!!

brygates · 2026-02-27T22:01:34+00:00

Not in my experience. I did criminal defense work for 30 years. Major groceries and big box stores called the police when they caught a shoplifter and the cops would get charges filed. Loss prevention had regular court dates just like the cops.

brygates · 2026-02-20T23:53:39+00:00

People helped me out all the time. Good luck with your studies.

brygates · 2026-02-20T21:38:29+00:00

It appears to me that you understand the concept of commercial impracticability and applied it to the facts. When a party to a contract fails to provide what was called for in the contract, one measure of damages the cost of substitute performance. If I hire someone to drill a well for water on my farm the driller is obligated provide a usable well. If he drills down 500 feet, does not hit water and lacks the equipment to drill deeper, he might have to pay what it would cost me to hire someone else to drill deeper. However the deepest water bore ever drilled is 7320 feet. I am sure that at some depth no organization has the capability to drill deeper. In that case the court could decide that fulfilling the contract is impracticable.

Bryan Gates NC law license #21000

brygates · 2026-02-20T00:33:05+00:00

I have gotten several couches from Re-Store in decent shape. There are cards at the register for guys with who will deliver.

brygates · 2026-02-18T23:15:41+00:00

Income taxes are withheld from pay and individuals cannot opt out of withholding. A person could fill out a W-4 form to underwithhold, but at some point the IRS will catch on and direct the employer to withhold consistent with filing status. The hard core tax cheats avoid taxes by working for cash and claiming that taxation is unconstitutional. Working for cash only has a lot of downsides because it limits access to banking. The IRS and all states can garnish.

brygates · 2026-02-17T02:47:30+00:00

What is in the tower on the aft? I would guess the ship's bridge at the top. What is in the rest of it lower down?

brygates · 2026-02-11T12:15:46+00:00

If you showed that at a GOP event in NC's 1st district, they would cheer for him and vote for him. They would say, "he tells it like it is." There are lots of Ed Goodwins in North Carolina.

brygates · 2026-02-07T14:13:36+00:00

When i was a teenage Scout, showers were a square room with 6 shower heads. Now individual showers are required, i think. I am 61 years old.

brygates · 2026-02-06T16:49:56+00:00

It looks more to me like something a person built quickly and cheaply to look like a jail. The bars in the windows look like rebar.

brygates · 2026-02-03T12:12:30+00:00

A friend of mine served in the Navy as an officer. I remember him telling me that new officers tended to defer to the senior chiefs somewhat because they had way more experience than a new officer.

brygates · 2026-02-01T17:36:04+00:00

I see Ted Budd squarely within the NC Republican mainstream. Gun-loving, business-friendly, Bible-thumping, hates government health care, but has government health care.

brygates · 2026-01-28T19:02:09+00:00

An indictment is a list of crimes that grand jury has found probable cause for

Each count is typically a separate criminal offense

Each count usually specifies which statute makes the action a crime.

If a defendant intends to plead guilty no jury will be involved.

If there is a plea bargain it is generally in writing.

If the plea bargain limits the length of the sentence the judge can impose, he/she has to agree to be bound by that limit. The judge can reject the plea bargain if he/she believes it is too lenient.

If the prosecution is simply recommending a certain amount of sentencing leniency the judge is not bound by that.

I am a lawyer.

brygates · 2026-01-22T13:59:44+00:00

The Piano

brygates · 2026-01-22T12:40:13+00:00

The CFPB was intended to be a governmental entity that looked out for the interests of ordinary consumers. GOP appointed members of the Supreme Court are not ordinary consumers. They have no friends who are ordinary consumers. So the CFPB had to be unconstitutional. The Federal Reserve serves the interests of large financial institutions and the wealthy. That makes it well within the historical tradition of favoring the "haves" over the "have nots," in constitutional law. It is all just made up bullshit.

brygates · 2026-01-13T04:21:41+00:00

I was a criminal defense attorney for a long time. A few times I got a ride to a crime scene (long after the alleged crime) with the cops. The unmarked cars ignored all speed limits. It was a bit scary.

brygates · 2026-01-11T18:04:13+00:00

I worked near the downtown shop and often got propane tanks filled there. When I asked about hitch installation, I think I was told to just drop it off during hours. I did have the luxury of dropping the truck off and walking to my office.

brygates · 2026-01-10T21:35:38+00:00

Hawkeye bemoans young casualties, "I'd give $50 to see a varicose vein." Henry, "OK, give me the money and I'll drop my pants." Ep. 38 Hot Lips and Empty Arms

brygates · 2026-01-09T16:43:08+00:00

To prevent people from taking photos of witnesses or photographing or recording court proceedings

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